Thread: Trespassing
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Old 02-12-2023, 12:27 PM   #27
54fighting
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Quote:
Originally Posted by longislander View Post
The statutes specifically reference trespassing ...

Where?

https://www.gencourt.state.nh.us/rsa...508/508-14.htm

https://www.gencourt.state.nh.us/rsa...212/212-34.htm

Lawyers:
"Under New Hampshire Law RSA 635:2, someone has committed criminal trespass if they know they are not licensed or privileged to be in a place, or if they remain in a place after being told to leave. A first offense is a misdemeanor."

https://www.tennandtenn.com/criminal...%20misdemeanor.

https://www.gencourt.state.nh.us/rsa.../635/635-2.htm

Was, and am fully aware of the info, and do believe it is worth your commenting: "... land must be 10 or more acres, and must be a forest, farm, or unproductive land."

https://www.revenue.nh.gov/current-use/booklets.htm

When I bought my 34 acres in 2017 the tax bill was $24. Subsequently took 2 acres out of current use for the house build and driveway. Yes, I did pay the 10% ... no problem! Still enjoying the other 32 acrres at current use and also enjoy the land value appreciation. I've subsequently subdivided the 34 acres into two lots: 13 acres and 21 acres. The 13 acres is in trust to my son, and the 21 acres are still enjoying "current use" (except fot the two acres for the house and driveway).

I should change my forum name to MoBONecker!
I’m wrong. There is no specific reference to trespassing in the statute. This is the interpretation of NH Fish & Wildlife. Whether this is based on case law interpreting the statutes or common sense or both I do not know; it is difficult to imagine a scenario where, under the same circumstances, liability could exist to a trespasser where none exists to a permittee.

I didn’t mean to suggest that you were unaware of this aspect of the current use law. However, since you chose to highlight the advantage of the law (presumably with the intent of enlightening others less knowledgeable) it seemed appropriate to mention the potential disadvantage.
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